Tag Archive | "stop"

California’s attorney general has asked for a suspension of foreclosures on loans controlled by Fannie Mae and Freddie Mac.

Atty. Gen. Kamala D. Harris in a letter asked the regulator of the government-controlled mortgage titans to halt foreclosures in California until the agency has completed a “thorough, transparent analysis of whether principal reduction is in the best interests of struggling homeowners as well as taxpayers.”

It is not the first time that Harris has tangled with the giants — last year she sued the two mortgage giants after they refused to answer subpoenas regarding their mortgage and foreclosure practices. That case remains pending.

Harris has also called on Edward DeMarco, the head of the Federal Housing Finance Agency that regulates Fannie and Freddie, to step down, accusing him of not doing enough for borrowers.

It will be several months until a key consumer-protection provision of Hawaii’s overhauled foreclosure law can be used. But there has been one immediate impact: a freeze on many new foreclosures and auctions of homes owned by occupants.

The new law, which took effect earlier this month, did not prescribe a foreclosure moratorium, but the law prohibits lenders from holding nonjudicial foreclosure auctions until borrowers have an opportunity to participate in a dispute resolution program.

Excerpt:

In all mortgage foreclosure actions pending on May 9,2011, before any merits hearing in the case, or if an order of foreclosure has been entered, before any foreclosure sale, the Mortgagee shall, through its attorney of record, file with the court and serve upon every Mortgagor a notice of the Mortgagots right to foreclosure intervention. All proceedings in the foreclosure action shall be stayed until completion of such foreclosure intervention.

No foreclosure hearing or foreclosure sale may be held in the foreclosure action until the Mortgagee’s attorney certifies the following:

Effective April 1, servicers managing Freddie Mac loans will no longer be allowed to foreclose on properties in the name of Mortgage Electronic Registration Systems (MERS).

Freddi Mac’s announcement states

We have updated the Guide to eliminate the option for the foreclosure counsel or trustee to conduct a
foreclosure in the name of MERS. Effective for Mortgages registered with MERS that are referred to
foreclosure on or after April 1, 2011, Servicers must prepare an assignment of the Security Instrument
from MERS to the Servicer and instruct the foreclosure counsel or trustee to foreclose in the Servicer’s
name and take title in Freddie Mac’s name.

As required in Section 66.17, Foreclosing in the Servicer’s Name, Servicers must record the prepared
assignment where required by State law. State mandated recording fees are not reimbursable by Freddie
Mac, are not considered part of the Freddie Mac allowable attorney fees and must not be billed to the
Borrower.

Servicers should refer to updated Section 66.17 and Section 66.54, Vesting the Title and Avoiding
Transfer Taxes, for additional information.

MERS is providing the following guidance to all Members to strengthen business practices, and minimize reputation, legal and compliance risk to MERS and its Members. In recent months legal challenges have arisen regarding alleged inadequacies and improprieties in the foreclosure process including allegations of insufficient or incorrect supporting documentation and challenges to the legal capacity of parties’ right to foreclose. MERS is committed to reevaluate and strengthen its systems and procedures to protect against these types of legal challenges. Consistent with this approach we have enhanced the Corporate Resolution Management System (CRMS) and instituted related policies and procedures designed to strengthen MERS’ business practices and limit compliance risks. To comply with this guidance, MERS Members should implement the following practices, effective immediately.

Judge Robert W. Lane in Nye County, Nevada, issued a preliminary ruling that blocks ReconTrust from conducting nonjudicial foreclosures until he holds a hearing Feb. 28 on whether to make the ban permanent, according to a Jan. 20 order provided by the court. The injunction was sought in a Nevada homeowner’s lawsuit against Bank of America and ReconTrust.

Stopping the foreclosures is necessary to prevent the “irreparable injury” that would result from “unlawful” seizure of the plaintiff’s home by ReconTrust Co., the judge wrote. The ruling applies to any real estate or personal property in Nevada.

UPDATE: 49 ALL 50 State Attorney Generals…ALABAMA is signing up as well. CONFIRMED.

“What we have seen are not mere technicalities,” said Ohio Attorney General Richard Cordray. “This is about the private property rights of homeowners facing foreclosure and the integrity of our court system, which cannot enter judgments based on fraudulent evidence.”

Officials in 49 states launch foreclosure probe

WASHINGTON – Officials in 49 states and the District of Columbia have launched a joint investigation into allegations that mortgage companies mishandled documents and broke laws in foreclosing on hundreds of thousands of homeowners.

The states’ attorneys general and bank regulators will examine whether mortgage company employees made false statements or prepared documents improperly.

Alabama was the only state not to join the investigation.

Attorneys general have taken the lead in responding to a nationwide scandal that’s called into question the accuracy and legitimacy of documents that lenders relied on to evict people from the homes. Employees of four large lenders have acknowledged in depositions that they signed off on foreclosure documents without reading them.

More than 2.5 million homes have been lost to foreclosure since the recession started in December 2007, according to RealtyTrac Inc. Another 3.3 million homes could be lost to foreclosure or distressed sale over the next four years, according to Moody’s Analytics.

The officials said they intend to use their investigation to fix these problems in the mortgage industry.

“This is not simply about a glitch in paperwork,” said Iowa Attorney General Tom Miller, who is leading the probe. “It’s also about some companies violating the law and many people losing their homes.”

In a joint statement, the officials said they would look into evidence that legal documents were signed by mortgage company employees who “did not have personal knowledge of the facts asserted in the documents. They also said that many of those documents appear to have been signed without a notary public witnessing that signature, a violation of most state laws.

“What we have seen are not mere technicalities,” said Ohio Attorney General Richard Cordray. “This is about the private property rights of homeowners facing foreclosure and the integrity of our court system, which cannot enter judgments based on fraudulent evidence.”

“I hope this will spread across America.” – Congressman Bob Filner at a pre-dawn rally, where he announced that Union Bank called off plans to have the Sheriff issue a foreclosure notice today to evict a woman and her child with cancer“We can join together and fight these banks.” – Ray Lutz, 52nd Congressional district candidate

September 14, 2010 (Bonita) – “Thank you, thank you!” Luz Maria Villanueva’s voice was choked with emotion at a rally on her front lawn organized by Congressman Bob Filner (D-San Diego). Nearly 100 people turned out at 5:30 a.m. for a candlelight vigil to protest Union Bank’s announced plan to have the Sheriff’s department take Villanueva’s Bonita home. She has pleaded for a reprieve at least until her son, who is legally blind and has cancer, completes chemotherapy treatments. Congressman Bob Filner leads rally to save woman’s Bonita home from foreclosure.“We’re going to stand together to change America,” said Rep. Filner. “We have a president who talked about hope. We have to give him strength. The banks have taken over both parties.” He called for changes in the law to protect those victimized by predatory lending practices.

The rally drew widespread media attention; at least three major TV stations as well as print and online media reporters were on hand to cover the event.

Filner was willing to risk arrest to halt the foreclosure. The Congressman knows first-hand the effectiveness of civil disobedience to right a wrong; in the1960s he rode the Freedom Train to Mississippi, where he was arrested in a Civil Rights protest and jailed for several weeks after standing up for rights of African-Americans.

Although Villanueva attained a temporary stay when Union Bank called off the Sheriff today, the order could be reissued, Filner warned those present. “We got them to back down, but we need you to be on call.”

Ray Lutz (back) , who is running against Rep. Duncan Hunter, stands with Rep. Bob Filner (front)Ray Lutz, Democratic candidate in East County’s 52nd Congressional district, also stood with Filner and Villanueva at the rally. “I think this is going to be a big tidal wave of fighting back against banks,” Lutz told East County Magazine. “We’ve got to stop these foreclosures. If we stand together, we can get the government to help us, because they don’t have any spine unless we have a spine.”

Lutz said he wants to push the Obama administration to rewrite loans and reassess the value of homes, allowing homeowners to stay in their residences and pay what homes are actually worth. “We need recognition that the bubble burst a long time ago. This is the best way to put our economy back on a solid footing,” Lutz added.

Filner and Lutz have met with organizations working to stop evictions.

Naa-Avorkor Okai, also facing foreclosure, says her bank falsified documents.Evictions of people like Naa-Anoror Okai and James Tillory. “I have proof that my bank changed my income, my marital status, and my ethnicity,” said Okai, who came out to show solidarity with Villanueva. After a Housing Commission worker found that the bank had falsified Fannie Mae documents before initiating foreclosure proceedings, Okai filed a lawsuit and sought help from Congresswoman Susan Davis (D-San Diego).

But when the Congresswoman contacted the bank, Okai said, “They wouldn’t return her calls…Instead of working with me, they sold our loan to another lender.” Okai wants to save her home, but also hopes to see her bank prosecuted by the federal government for fraud.

Villanueva, who fell behind on payments due to divorce and her son’s medical bills, now waits and hopes that public pressure will persuade her bank to stop foreclosure proceedings and give her an opportunity to work out an arrangement to stay in her home and make payments. Today, she will take her son, who suffers from kidney disease as well as cancer, for a potentially life-saving infusion.

Foreclosure Glut: Is ‘Shadow Inventory’ Really a Threat?

Every once in a while, the term “shadow inventory” makes it into the business headlines. Invariably, stories warn of a looming flood of foreclosures that will drag the housing market down as soon as homeowners begin to feel optimistic again.

But what is shadow inventory — and is it really such a big threat?

Different experts have different definitions. Some only include homes that have already been repossessed by banks and are awaiting distressed sales. Others include those whose owners are long-overdue on mortgage payments, while others still count homes whose owners would like to sell but are waiting for conditions to improve.

8 Million More Foreclosures May Be Waiting

“The definition of shadow inventory has gotten out of control,” says Rick Sharga, senior vice president at RealtyTrac, an online market for distressed homes.

As a result, estimates of homes in the shadows vary widely between 2 million and 8 million. By comparison, approximately 5.5 million homes are expected to change hands this year, of which about a third are in some kind of distress.

High estimates usually include include repossessed homes that have not yet been listed for sale, homes that have been moved from the delinquent bucket and into foreclosure, and homes that are more than 60 days delinquent.

“Theoretically you could say up to 7 million homes are in the pipeline, but not all of them will go into the market and if even if they do, not all of them will hit at once,” says Sharga. Given the current pace of sales, Sharga believes shadow inventory could be cleared by the end of 2013, at which point the housing market can begin a real recovery.

Shadow Inventory Can Be Lethal

The problem with shadow inventory is that it does not simply represent additional supply. It’s supply of the worst kind: distressed homes that are often in hard-hit regions, often in a state of disrepair. Homes in foreclosure have more power to drag down real estate prices and keep them depressed for years to come.

“If you can buy a cheap foreclosed home next door to a normal home, many people will choose to buy the discounted home,” says Celia Chen, housing analyst at Moody’s Economy.com. She estimates that 4.6 million homes are currently waiting in the shadows, almost a whole year’s worth of housing supply.

Shadow Inventory Stuck In Limbo

Like many other analysts, Chen believes we still have a long way to go before real estate prices begin recovering. Some expect a recovery to begin in the middle of next year, others don’t see it coming for several more years.

There are many reasons that shadow inventory is so difficult to gauge.

For one thing, financial institutions that own distressed mortgages are not saying exactly how many homes they hold. Firms have generally been releasing their supply of distressed homes slowly into the market for fear of crushing prices.

Another problem is that nobody knows exactly how many homes will make it out of the government’s “Home Affordable Modification Program.” Chen estimates that only 45 percent of the 1.2 million loans that are aiming for a modification will actually succeed, while the rest will likely end up in foreclosure.

While these numbers certainly are cause for concern, the good news is that this shadow inventory is unlikely to cause a shock to the system similar to the initial crash.

No Nuclear Event in Housing

“Much as during the arms building between the U.S. and the Soviet Union, neither one ever launched a nuclear attack for fear of causing complete destruction,” says RealtyTrac’s Sharga. “You’re not going to see a nuclear event happen in the housing market either.”

Esmael Adibi, economics professor at Chapman University says shadow inventory is actually a good thing bcause it means that financial institutions – primarily lenders and investors who own the delinquent mortgages – are holding on to the inventory instead of dumping it into the market.

Adibi says financial institutions are not only holding on to their inventory in order to avoid crushing the market, but also because they believe they might get a better deal once prices have recovered slightly.

“Can you imagine if all those homes ended up in the market now?” he says. “Things would be much worse.”